APPEAL OF TOWN OF LINCOLN

No. 2018-0094.

211 A.3d 1184 (2019)

APPEAL OF TOWN OF LINCOLN. (New Hampshire Water Council)

Supreme Court of New Hampshire.

Opinion Issued: June 7, 2019.


Attorney(s) appearing for the Case

Upton & Hatfield, LLP, of Portsmouth and Concord ( Russell F. Hilliard , Portsmouth and Brooke Lovett Shilo , Concord on the brief, and Mr. Hilliard orally), for the petitioner.

Gordon J. MacDonald , attorney general, ( Mary E. Maloney , assistant attorney general, on the brief and orally), for the respondent.


The petitioner, the Town of Lincoln, appeals an order of the New Hampshire Water Council upholding a decision by the respondent, the New Hampshire Department of Environmental Services (DES), ordering the Town to repair the Pemigewasset River Levee, a fortified embankment with granite block facing, located along approximately 1,700 feet...

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